Circular No. 5859/TC-QLCS regarding the declaration for registration and issuance of certificates of management and usage rights for office premises to administrative and public service agencies.

DIRECTIVE

ON ACCELERATING THE IMPLEMENTATION OF REGISTRATION AND DECLARATION OF USE OF STATE-OWNED OFFICE SPACES AT ADMINISTRATIVE AND INSTITUTIONAL UNITS IN HANOI CITY PURSUANT TO DECISION NO. 20/1999/QD-BTC OF THE MINISTRY OF FINANCE DATED FEBRUARY 25, 1999

Pursuant to Decision No. 20/1999/QD-BTC dated December 25, 1999 and Circular No. 122/1999/TT-BTC dated October 13, 1999 of the Ministry of Finance on registration and declaration of use of state-owned office spaces at administrative and institutional units, the People's Committee of Hanoi City issued Directive No. 13/2000/CT-UB dated June 6, 2000 on implementation, and the Department of Finance and Prices issued Document No. 2901/STCVG-QLCS dated September 12, 2000 providing detailed guidance on registration and declaration of management and use rights of state-owned office spaces at administrative and institutional units within Hanoi City.

The registration and issuance of certificates for management and use rights of office spaces for administrative and institutional units within the city are extremely necessary, helping the city's state management over the state-owned real estate assets allocated to administrative and institutional units for management and use; serving as a basis for management and planning annual investment repairs, renovations, and upgrades of office spaces, and clarifying the responsibilities of administrative and institutional units in managing state assets.

As of now, according to the report of the Department of Finance and Prices, 1,390 out of 14,330 certificates for management and use rights of office spaces have been issued to administrative and institutional units within the city, reaching a rate of 9.7%. Among them, 23 out of 189 certificates have been issued to central-level administrative and institutional units, 19 out of 211 certificates to city-level administrative and institutional units, and 97 out of 1,036 certificates to district and county-level administrative and institutional units.

The registration and issuance of certificates for management and use rights of office spaces as workplaces for administrative and institutional units within the city pursuant to Decision No. 20/1999/QD-BTC of the Ministry of Finance are still too slow, due to several reasons:

- Insufficient understanding among all levels and sectors, especially heads of units (both central and local), regarding the objectives and significance of Government Decree No. 14/1998/NĐ-CP dated March 6, 1998 on state asset management, Decision No. 20/1999/QD-BTC dated February 25, 1999 of the Minister of Finance, and Directive No. 13/2000/CT-UB dated June 6, 2000 of the Hanoi People's Committee.

- Some administrative and institutional units are not strict in managing and using office spaces, improperly using them such as leasing, subleasing, long-term leasing of office spaces... violating Circular No. 69/1999/TT-BTC dated June 9, 1999 of the Ministry of Finance guiding the handling of state assets in the administrative and institutional sector following the inventory and valuation of fixed assets according to Decision No. 466/QĐ-TTg dated July 2, 1997 of the Prime Minister.

- The city's steering committee and working group have not effectively promoted public awareness through mass media such as newspapers, radio, television about the responsibilities, benefits, and obligations of registration to obtain certificates for management and use rights of office spaces. Coordination between relevant departments such as finance and prices, land administration and real estate... has not been smooth and synchronized.

To accelerate the implementation and achieve the goal of completing the registration and issuance of certificates for management and use rights of office spaces for administrative and institutional units within the city by the end of June 2004, the People's Committee of Hanoi City issues the following directive:

1/ Assigning tasks to the Director of the Department of Finance and Prices - the Standing Committee implementing Decision No. 20/1999/QD-BTC of the city:

- Continuing to urge the registration and declaration of management and use rights of office spaces of administrative and institutional units within the city (including both central and city-level units). Directing the working group to focus on guiding and receiving files from units for review and issuance of certificates according to the delegated authority on the territory.

- Directing the business divisions of the Department of Finance and Prices and the District and County Departments of Finance and Prices to examine and approve funding for the registration and issuance of certificates for management and use rights of office spaces of city and district-level administrative and institutional units to be included in the budget estimates of these units from the beginning of the year.

On this basis, compiling the demand for funding for the issuance of certificates for management and use rights of office spaces of city and district-level administrative and institutional units, and reporting to the People's Committee of Hanoi City.

- Being authorized by the Chairman of the People's Committee of Hanoi City to issue certificates for management and use rights of state-owned office spaces (not in accordance with the Land Law) for central-level administrative and institutional units, organizations, and associations located in Hanoi City and city-level administrative and institutional units that are budgetary units at various levels (excluding those directly under districts and counties).

- Studying and building unit prices for surveying, preparing registration files, and issuing certificates for management and use rights of office spaces of administrative and institutional units within the city, and reporting to the People's Committee of Hanoi City for decision.

- Regularly compiling the situation of registration, declaration, and issuance of certificates to report to the People's Committee of Hanoi City and the Ministry of Finance.

2/ Assigning tasks to the Director of the Department of Land Administration and Real Estate:

- Compile all state-owned real estate funds that are administrative office premises currently leased to administrative and public service agencies or entrusted for management and use within the city limits by the Companies under the Department of Land and Real Estate Management, and report to the People's Committee of the City, simultaneously sending it to the Department of Finance and Prices, to be completed before June 30, 2004. Based on this, the People's Committee of the City will consider and decide on transferring these real estate funds from the Companies under the Department of Land and Real Estate Management to the direct management and use of administrative and public service agencies according to the regulations stipulated in the Decision No. 20/1999/QĐ-BTC dated February 25, 1999 of the Minister of Finance regarding the management and use of administrative office premises at administrative and public service agencies.

3/ Assign tasks to the Chairmen of Districts and Counties' People's Committees:

Authorized by the Chairman of the People's Committee of the City, issue certificates of rights to manage and use state-owned real estate as administrative office premises to administrative and public service agencies which are budgetary units at the district and county levels, within the scope of entities required to declare and register real estate as administrative office premises according to Circular No. 122/1999/TT-BTC dated October 13, 1999 and Circular No. 5859/TC-QLCS dated June 12, 2002 of the Ministry of Finance.

4/ Assign tasks to Heads of Departments, Agencies, Organizations, and Mass Organizations under the City, administrative and public service agencies under Districts and Counties:

- Promptly declare and register real estate as administrative office premises with the finance authority according to the guidance of the Department of Finance and Prices to obtain certificates of rights to manage and use state-owned real estate as administrative office premises.

- By March 31, 2004, if any administrative and public service agency fails to report and declare registration of real estate as administrative office premises with the finance authority to obtain certificates, then the finance authority shall not allocate and provide repair, renovation, and upgrade funding for administrative office premises in 2004, and the finance authority shall not be responsible for any incidents occurring.

5/ Request Heads of administrative and public service agencies directly subordinate to Ministries, Departments, Mass Organizations, and Central Organizations located within the territory of Hanoi City, within the scope and objects required to declare and register rights to manage and use administrative office premises, to promptly implement in accordance with the spirit of Circular No. 5667/TC-QLCS dated September 25, 2003 of the Ministry of Finance urging and reminding.

The People's Committee of the City requests Heads of administrative and public service agencies directly subordinate to Ministries, Departments, Mass Organizations, and Central Organizations located within the territory of Hanoi City, and instructs Directors of Departments, Heads of Agencies, Organizations, and Mass Organizations under the City, and Chairmen of Districts and Counties' People's Committees to develop plans for implementation and focus on directing subordinate units to strictly implement, striving to complete the declaration, registration, and issuance of certificates of rights to manage and use administrative office premises in 2004.